Smt.Balkeshi Devi And ANR v. Ramadhar Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3963 of 1998 ======================================================

1. Smt.Balkeshi Devi W/o Sakaldeo Thakur

2. Sakaldeo Thakur S/o Late Rupaul Thakur -both residents of Village Tarwan, PS Naubatpur, Distt. Patna .... .... Petitioner/s

Versus

1. Ramadhar Singh

2. Janeshwar Singh

3. Dharmdeo Singh - sons of Late Chandradeep Singh

4. Awadhesh Sharma

5. Mithilesh Sharma- both sons of Janeshwar Singh

6. Kamlesh Sharma minor son of Dharmdeo Singh All residents of Vill Tarwan, PS Naubatpur, Distt. Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 19-08-2017 This application has been filed for restoration of Second Appeal No. 132 of 1992 which was dismissed for non-compliance of a peremptory order passed on 08.07.1993. Records indicate that for restoration of the Second Appeal, MJC No.450 of 1994 was filed. For noncompliance with a peremptory order this MJC was dismissed on 06.09.1995.

Thereafter, for restoration of MJC No. 450 of 1994 and the Second Appeal, this application has been filed in the year 1998. Office has pointed out nine defects in the matter and till date since 1998 nothing has been done and

Patna High Court MJC No.3963 of 1998 (3) dt.19-08-2017 2/2 the defects have not been rectified.

When the matter was taken up, no one appears on behalf of the petitioners. It appears that they are no more interested in pursuing the matter. In view of the facts that the Second Appeal stood dismissed way back in the year 1993 and thereafter MJC No. 450 of 1994 also stood dismissed, I see no reason to make any indulgence into the matter.

This application is accordingly dismissed.

(Rajendra Menon, CJ) mrl./- U